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CJ 230 Project Two Template
Taylor Heger
Nathan Mutter
04/16/2023
Memo to the Judicial Ethics Advisory Committee
To: Judicial Ethics Advisory Committee
From: Taylor Heger
Date: 04/16/2023
Subject: Discretionary Actions of Judge
I am the public representative of Emily Doe and her family. I am writing to express
concern regarding the discretionary decisions and actions made by the judge in the recent
conviction of the defendant in Miss Doe’s case. I would like to express my concern regarding the
following:
As you know, the defendant was arrested, charged, and found guilty of sexual assault for
participating in a sexual act with an unconscious victim. The defendant was identified by two
individuals who observed the defendant in the middle of the sexual act. The outcome of the
victim’s sexual assault exam at the hospital revealed bruising around the neck and genital areas.
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Preceding sentencing, the defendant’s family argued to the court that the defendant’s life should
not be ruined by “moments of sexual activity.” While the prosecution urged a sentence of six
years in state prison for the crime, the pre-sentencing report suggested a jail sentence of less than
a year of incarceration. Per the California Penal Code Section 261(a) (2-4) (2013), rape is an act
of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of
the following circumstances: Where a person is at the time unconscious of the nature of the act,
and this is known to the accused. The California Penal Code also notes that unless stated
